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(� t Finding One Special Circumstances Because of the special circutntUnces:applicable to the property;ancludmg Brie,shape, topography ,location,or surroundings,"the strict application ofthe regulation:'deprives the. ),I property of privileges enjoyed ty.oth"er property in the vFcirtrty and under<rdentrcal zoning classification. Applicants Statement Other properties in the_06inity are partialed out at even smaller sizes iNe were informed that.we should follow the.insiructions adviced by the planning department O order to divide ftie property amongst faintly members:" • This finding cannot be made because.the property does not have arty special circumstances that deprive the property owner.of the privileges enjoyed`by other`property in. the .vicinity an`d under identical zonin classifications. Thi - arcel is considered a conforming parcel iriAhe �AG=40 zone. 9 p !Neither the size, shape, topography, location, nor surroundings deprives the`prope`rty of privileges i enjoyed.bi otherproperty in the vicinity and under the identical toning classification; as the parcel i5_flat, roughly rectangular shaped,'with an existing homesiteparcel, and is sUrir ded by,similar agricultural uses: s. . Finding Two: No Special°Priyileges The gl anting'of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which`the property is situated: Applicant's Statement. "Majority of other surrounding properties are not AG-40 conformed." • This finding cannot be made because the granting of the Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Surrounding property owners are not able to divide their parcels smaller than 40 acres,with the exception of homesite parcels and homesite parcels for financing purposes. A homesite parcel already exists. There can only be one homesite parcel created from an existing parcel since July 29, 1992 (Development Title Section 9-610.3). Additionally, the subject parcel is a legal conforming lot. Granting of the Variance would allow for the creation of a nonconforming lot and is inconsistent with Development Title Section 9-872.2(e) which states that Lot Line Adjustments shall at least not increase the number of existing, non-conforming parcels. Finding Three: Use Authorized The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. Applicant's Statement. "The Variance will only allow us to subdivide the property between family k members as intended by the family who originally purchased the land." This finding can be made because there would be no change to the permitted uses. The current use is agricultural. If the Variance application is approved, the parcel can still maintain its agricultural use. l I San Joaquin County PA-07003641Noceti Community Development Page 4 i